CHAPTER XVI

THE PUBLIC SCHOOLS

1. Beginning of the public school

2. The State's system

3. School teachers

4. Kindergartens

5. Night schools

1. Beginning of public schools. The idea and plan of educating all classes of society originated in this country with the people of New England, who believed it to be the duty of the State to teach its children. The idea at that time of public education of children was scarcely thought of in any other country except Prussia and Saxony.

In 1795, Governor Clinton first suggested the establishment of a common school system in the State of New York, and in 1812, the system was refounded and more liberally provided for by the State.

In compulsory attendance is the essence of the public school idea, and this is one of the many features of our present educational system, that had their first American application in the Commonwealth of Massachusetts. The famous Massachusetts statute of 1642 is often quoted as the first enactment that provided for compulsory education on this continent. In 1850 a law was passed in that State authorizing the cities and towns to punish by confinement all habitual truants and "children not attending school, without any regular and lawful occupation." Two years later another act was passed visiting punishment upon any parent who failed to send his or her child to school. Many other States, including New York, soon passed like laws, and to

day nearly every State has a similar law. In all such laws every parent or guardian of a child of specified school age is required, under penalty, to send the child to a public, private or parochial school during the school term, unless the child is physically or mentally unfit to attend. Under such laws also, if a child be beyond the control of the parent or guardian and wilfully absents himself or herself from school or is otherwise incorrigible, he or she may be adjudged a delinquent child and committed to a proper institution, there to be corrected and educated.

The law now requires attendance at day or evening school of minors over sixteen years of age who have not the ability to speak or write English as required for completion of the fifth grade of the public schools.

2. The State's system. The free public schools of the State of New York are authorized by and carried on State and local laws. Section one of ariticle IX of the Constitution requires the legislature to provide a system of free common schools wherein all the children of the State may be educated, and the State has since enacted laws requiring that all children under certain age must be educated therein, or in schools offering equal advantages for education.

In 1918 the legislature enacted a law which becomes effective on September 1 of such year, requiring the regents of the State university to prescribe courses of instruction in patriotism and citizenship to be maintained in all the schools of the State, private as well as public, in order to promote a spirit of patriotic and civic service deemed quite essential in the preparation for the obligation of good citizenship both in times of peace and in war. The boards of education and trustees of the several cities and school districts are required to compel instruction in such courses by the teachers employed therein.

3. School teachers.-The teachers in the free public schools are in effect public officers, serving the

public, and are compensated partly by the State and partly by the local government employing them.

One to be qualified to teach must be a citizen and be licensed. A license may be obtained upon graduating from a State Normal school; by passing a graded examination prepared by the State commissioner of education and conducted by a district superintendent, which license is good only in such superintendent's district; by passing the local examination of a city superintendent; or by passing an examination conducted by the State commissioner of education, under which a license is issued which permits one to teach in any school of the State, and is good for life. Some other special certificates may be issued by the State commissioner.

The education commissioner is authorized to establish institutes and training courses for teachers to give illiterates over sixteen years of age instruction.

Unqualified teachers cannot be paid any salary from the public school moneys.

Teachers shall be paid their salary at least as often as at the end of every month of the term of employment.

Failure on the part of a teacher to complete an agreement to teach a term of school, without good reason therefor, will be considered sufficient cause for the revocation of his or her certificate. No teacher can be removed during a term of employment unless for neglect of duty, incapacity to teach, immoral conduct, or other reason which, when appealed to the commissioner of education, shall be held by him sufficient cause for such dismissal.

Pensions. One who has taught in a public school for a period aggregating thirty years, must at his or her request, or may on the order of the commissioner of education, be retired from such employment, and when so retired will be entitled to recieve one half of the salary received at the time of retirement, not to exceed, however, $1,000, and in no case less than $300.

4. Kindergartens.-The school authorities of any union free or common school district, and of each city, may maintain kindergartens which shall be free to resident children between the ages of four and six years, and local boards of education are required to maintain such schools.

5. Night schools.-Night schools may likewise be maintained, which shall be free to all persons residing in the district or city, regardless of age.

(See further treatment of this subject under chapter XII of Part I.

APPENDIX

I acknowledge at this time my indebtedness to the following writers whose books I have read or taken occasion to refer for information in compiling this book:

Mar'g & Div.; Blackstone's Commentaries; Cooly, Mar's & Div.; Blackstone's Commentaries; Gooly, Cont. Law; Federalist; Fowler, Real Property L.; Hoxie, civics; Jarmin Wills; Kent's Commentaries; Redfield Wills; Reeve Dom. Rel.; Robinson's El. Law; Story, Cont. L.; Sedgwick on St. and Const. L.; Schouler Dom. Rel.; Story Eq. Jur.; Vattel; Walker Am. L.; Willard Eq. J.; Woolsey Int. L. Also the statutes and the many decisions and reports of the several courts.